Compassionate appointment is intended to provide immediate financial assistance to the family and should be reasonable and proximate to the time of the breadwinner's death.

D.N.Patel, J.

1. The present writ petition has been preferred for getting compassionate appointment, because of the deceased of the husband of the present petitioner, who was working with the respondents. The husband of the petitioner expired on 6th February, 2002. The petitioner has also preferred an application under the Workman's Compensation Act. The petitioner was paid compensation and it was assured that compassionate appointment will be given to the petitioner and hence this writ petition has been preferred.

2. I have heard learned counsel appearing on behalf of respondent nos. 2 and 3, who has submitted that, in fact, husband of the petitioner was not an employee of respondent nos. 2 and 3. This plea has been taken in paragraph no.5 of the counter affidavit, filed on behalf of respondent nos. 2 and 3. Moreover, respondent no.2, the company, is not viable and, therefore, since the year, 1996 a Voluntary Retirement Scheme has already been floated and no fresh appointment has been made, as per respondent nos. 2 and 3. Moreover, much time has also lapsed after the husband of the petitioner has expired and hence the prayer, as made in the memo of petition, cannot be granted, as per the submission of learned counsel for respondent nos. 2 and 3 and, thereby, the writ petition deserved to be dismissed.

3. Having heard learned counsel for the parties and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition, mainly for the following facts and reasons:

(I) Petitioner has alleged that her husband was in the employment of respondent nos. 2 and 3. This fact has been disputed by respondent nos. 2 and 3, looking to paragraph no.5 of the counter affidavit, filed on behalf of respondent nos. 2 and 3, which reads as under:

“5. That I say that the deceased husband of the petitioner who was an employee of the respondent No. 2 Company and was working as a contract labour and the deceased husband of the petitioner was not at the rolls of the company and thus, the petitioner is not entitled to claim any relief. Furthermore, that there is settled principle of law that compassionate appointment can only be given to a dependant of the deceased employee as per the service rules of the employer.”

The aforesaid paragraph has not been controverted by the petitioner by filing any rejoinder affidavit.

(ii) Moreover, looking to other facts of the case, it appears that respondent no. 2 is not a viable company and that scheme has already been floated for voluntary retirement in the year, 1996 and, therefore, also no question of compassionate appointment whatsoever arises, at this stage.

(iii) Moreover, looking to the death of the husband of the petitioner, which is 6th February, 2002, it appears that approximately a period of one decade has elapsed and, thus, the very purpose of compassionate appointment has been frustrated.

(iv) It has been held by the Hon'ble Supreme Court in the case of State of U.P. V. Paras Nath, as reported in (1998)2 SCC page-412, at paragraph nos. 4, 5 and 6, as under:

“4. Seventeen years after the death of his father, the respondent, on 8.1.1986, made an application for being appointed to the post of a Primary School Teacher under the said Rules. His application was rejected. He, thereafter, filed a writ petition before the High Court. This writ petition was allowed by the High Court and an appeal from the decision of the Single Judge of the High Court was also dismissed by the Division Bench of the High Court. Hence the State has filed the present appeal.

5. The purpose of providing employment to a dependent of a Government servant dying in harness in preference to anybody else, is to mitigate the hardship caused to the family of the employee on account of his unexpected death while still in service. To alleviate the distress of the family, such appointments are permissible on compassionate grounds provided there are Rules providing for such appointment. The purpose is to p